MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 3 Environmental impact statements
Part 1 EIS process

[s 38]

                (d)   the voluntary preparation of an EIS for the project has
                      been approved under part 2; or
                (e)   the project is of a type prescribed under a regulation for
                      which approval by a Commonwealth or State authority
                      is required.
          (2)   However, an EIS under this Act can not be used for making a
                decision under the Planning Act, other than a decision in
                relation to a project mentioned in subsection (1)(a) or (b).
          (3)   In this section—
                authority, for the Commonwealth, includes the Minister of
                the Commonwealth for the time being administering the
                Commonwealth Environment Act.
                EIS includes a statement, however called, that is similar to an
                EIS.
                project includes—
                (a)   a development or proposed development; and
                (b)   an action or proposed action; and
                (c)   a plan or policy.


Subdivision 2                Definitions for pt 1

38        Who is an affected person for a project
          (1)   A person is an affected person for a project if the person is—
                (a)   a person mentioned in subsection (2) for the operational
                      land or any land joining it; or
                (b)   any of the following under the Native Title Act 1993
                      (Cwlth) for the operational land or for an area that
                      includes any of the land—
                      (i)   a registered native title body corporate;
                      (ii) a registered native title claimant;

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